Text: H08823 Text: H08825 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2338, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. NEW SECTION. 256.24 SCHOOL 1 6 INVESTMENT PARTNERSHIPS PILOT PROGRAM. 1 7 A school investment partnership pilot program is 1 8 established to evaluate the effectiveness of private 1 9 participation in the funding and management of school 1 10 infrastructure. The program is intended to indicate 1 11 the possibility of shifting the responsibility for the 1 12 operation and financing of school facility 1 13 construction and maintenance to the private sector, 1 14 thereby facilitating the focus of public school system 1 15 resources on enhancing the educational experience of 1 16 the schoolchildren of Iowa. The pilot program shall 1 17 allow up to six pilot projects, to be conducted as 1 18 follows: 1 19 1. Each project shall pair one or more private 1 20 investors and one or more school districts in a 1 21 partnership involving the shared utilization of school 1 22 facilities. Private investors shall finance the 1 23 construction of school facilities, based on school 1 24 district specifications, and commit to the completion 1 25 of a fully operational school facility by a mutually 1 26 agreed-upon date. A project may involve a 1 27 collaborative association of more than one public 1 28 school in a school district, or more than one school 1 29 district collaborating for the construction of a 1 30 regional facility. 1 31 2. All projects shall, where applicable, conform 1 32 to the provisions of chapter 73A as if the school 1 33 facility constructed were a public improvement and as 1 34 if the private investors financing the school facility 1 35 construction were a school corporation. 1 36 3. The private investor shall lease the facility 1 37 back to the school district at monthly payment levels 1 38 agreed upon between the school district and the 1 39 private investor, not to exceed an amount which would 1 40 have been incurred if the school district had built 1 41 and financed the facility independently, without the 1 42 involvement of a private investor, pursuant to a lease 1 43 or lease-purchase agreement negotiated at the same 1 44 time that the agreement regarding construction of the 1 45 school facility is entered into. The lease or lease- 1 46 purchase agreement shall extend for a twenty-year 1 47 duration, with the option to continue the lease at the 1 48 end of the lease period, and also to permit the 1 49 purchase of the school facility by the school district 1 50 at the conclusion of the lease period at an agreed- 2 1 upon price. An agreed-upon purchase price shall 2 2 contain a mechanism for crediting a portion of the 2 3 lease payments remitted by the school district toward 2 4 the purchase price, as determined by the school 2 5 district and the private investor. A school district 2 6 shall be authorized to issue bonds pursuant to section 2 7 296.1 or 298.21, and to utilize the physical plant and 2 8 equipment levy pursuant to section 298.2, for the 2 9 purpose of monthly payments pursuant to the lease or 2 10 lease-purchase agreement, or in the event that the 2 11 school district exercises its option to purchase the 2 12 school facility at the conclusion of the lease period. 2 13 4. The school district shall retain control over 2 14 all decisions related to the education of students 2 15 within the school facility, including the 2 16 determination of when the facility shall and shall not 2 17 be utilized by the school district, the uses to which 2 18 the facility shall be put during periods when school 2 19 is in session, and access to the facility for after- 2 20 hours athletic practices, extracurricular activities, 2 21 staff, parent, and teacher meetings, and other school- 2 22 related events. 2 23 5. The lease or lease-purchase agreement shall 2 24 include provisions specifying which party shall 2 25 furnish and equip the school facility, and what 2 26 furnishings and equipment are to be provided. All 2 27 costs relating to maintenance of the school facility 2 28 shall be the responsibility of the private investor. 2 29 Ongoing furnishings and equipment replacement shall be 2 30 determined by the lease or lease-purchase agreement. 2 31 6. The private investor shall retain the right to 2 32 contract with third parties for use of the school 2 33 facility during periods when the facility is not being 2 34 utilized by the school district. The periods of 2 35 nonutilization by the school district shall be 2 36 specified in the lease or lease-purchase agreement, 2 37 together with the purposes for which the facility 2 38 shall be used by contracting third parties. If a 2 39 proposed use is determined by the school district to 2 40 be inappropriate for an educational facility used by 2 41 schoolchildren, the proposed use shall not be approved 2 42 by the school district for inclusion in the lease or 2 43 lease-purchase agreement. The school district and the 2 44 private investor shall annually review the third-party 2 45 contracts for use of the facility during periods of 2 46 nonutilization by the school district, and shall 2 47 mutually determine whether proposed contracts for the 2 48 forthcoming year shall be considered appropriate or 2 49 inappropriate for approval. The private investor 2 50 shall agree to maintain the building in the same 3 1 condition during and after use by a third party as the 3 2 facility is customarily maintained during periods of 3 3 utilization by the school district. Possible third 3 4 party contractors could include, but are not limited 3 5 to, educational enrichment organizations, civic 3 6 groups, day care facilities, religious organizations, 3 7 community colleges, and governmental units. 3 8 7. School districts may submit an application for 3 9 the pilot program to the department of education until 3 10 September 1, 2001, as follows: 3 11 a. If six or fewer school districts submit an 3 12 application for participation by September 1, 2001, 3 13 all of the applicant school districts shall be 3 14 entitled to participate in the program. 3 15 b. If more than six school districts submit an 3 16 application by September 1, 2001, the department shall 3 17 select six school districts by lot for participation. 3 18 (1) In selecting by lot, to the extent 3 19 applications are received from school districts with 3 20 actual enrollments of varying amounts as provided in 3 21 this paragraph, two schools shall be drawn which are 3 22 located in a school district with an actual enrollment 3 23 of under one thousand two hundred pupils, two schools 3 24 shall be drawn which are located in a school district 3 25 with an actual enrollment of between one thousand two 3 26 hundred and four thousand nine hundred ninety-nine 3 27 pupils, and two schools shall be drawn which are 3 28 located in a school district with an actual enrollment 3 29 of five thousand or more pupils. School districts 3 30 shall be notified of their selection by lot by October 3 31 1, 2001. 3 32 (2) If, pursuant to subsection 1, one or more of 3 33 the applications involve a collaborative association 3 34 of more than one public school in a school district, 3 35 or more than one school district collaborating for the 3 36 construction of a regional facility, at least one such 3 37 application shall be selected, regardless of the 3 38 actual enrollment of the combined schools or school 3 39 districts. 3 40 8. The department shall prepare and submit a 3 41 report to the general assembly annually by January 1, 3 42 for a five-year period beginning January 1, 2002, 3 43 regarding the status of the program. The report shall 3 44 include detailed information regarding perceived 3 45 advantages and disadvantages of the program, input 3 46 from school district personnel, students, and parents 3 47 associated with schools constructed pursuant to the 3 48 program, and private investors constructing and 3 49 maintaining the school facility." 3 50 4 1 4 2 4 3 GRUNDBERG of Polk 4 4 SF 2338.504 78 4 5 rn/as
Text: H08823 Text: H08825 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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